Fighting is intentional injury, teacher. I was wrong.
First, legal contact.
Article 234 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Second, the concept and composition
The crime of intentional injury refers to the act of intentionally and illegally damaging the health of others.
(A) the object elements
The object of this crime is the body right of others. The so-called body right refers to the personality right of natural persons, and its content is to maintain the integrity of their limbs, organs and other tissues.
It should be noted that this crime violates the body rights of others. Therefore, intentionally hurting your body is generally not considered a crime. Self-mutilation can only constitute a crime if it violates the relevant criminal law norms in order to harm social interests. For example, a serviceman who injures himself in wartime and evades performing military service obligations shall be investigated for criminal responsibility in accordance with the provisions of Article 434 of this Law.
(b) objective factors
This crime is objectively manifested as an act of illegally damaging others' bodies.
1, there must be behavior that harms others' health.
There are two ways to endanger the health of others: positive inaction and negative inaction. The former is like punching and kicking, cutting and shooting with a knife, beating stones with sticks, boiling water and scalding. The latter, such as the nanny who is responsible for protecting young children, is irresponsible. Seeing a child stabbing himself with a knife, he still ignores it, and as a result, the child will stab himself blind, which can constitute this crime. It can be carried out by oneself, by minors, mental patients and other people, and by domestic animals such as poisonous snakes and German shepherd dogs. It can not only damage the appearance of the human body, but also damage the internal tissues and organs and hinder its normal functional activities. In short, whether it is directly or indirectly carried out by myself, no matter which part it is aimed at and what way it is taken, as long as it can intentionally cause personal health harm to others, it can constitute this crime.
2. It must be illegal to harm others' health.
If a certain injury behavior is permitted by law, it cannot constitute intentional injury, such as self-defense causing unnecessary injury, and doctors amputating patients to treat diseases. Whether the injury agreed by the victim is legal or not should be analyzed in detail. If the victim's consent is to achieve the purpose of endangering society, this consent cannot rule out the illegality of the injury; If this consent is for the benefit of society, the illegality of others' injury behavior can be ruled out. The legitimacy of the injury behavior that occurred on the fierce antagonistic sports day should also be analyzed in detail. If this kind of injury itself is allowed by the rules of sports, this kind of injury can generally not be considered as an illegal act in criminal law. For example, in a football match, the action that causes injury according to the "reasonable collision rule" is generally not recognized as the crime of injury; If the action in the game is rude and obviously violates the requirements of the rules and intentionally hurts others' bodies, it should also be punished as intentional injury.
3, damage to the body of others must cause a certain degree of personal injury to others, in order to constitute this crime.
If it is just general punching, kicking, pulling and tearing, and there is no harmful result, it cannot be punished as this crime. The results of injury can be varied, some of which destroy the integrity of other people's organizations, such as biting off the nose and cutting off hands and feet; Some damage the normal functions of other organs, such as hearing, vision, taste loss, mental disorders and so on. But in terms of the severity of the result, there are three forms, namely, minor injury, serious injury or death. If there is no injury above minor injury, if it does not reach the injury level or reaches the level, it is a minor injury, so it cannot be punished as this crime.
The so-called minor injury refers to a certain degree of damage or partial dysfunction of tissues and organ structures caused by physical, chemical, biological and other external factors, which does not constitute a serious injury but does not belong to a minor injury. Identification should be based on the primary damage directly caused by external factors and its consequences, including the injury at the time of injury, complications and sequelae caused by injury, etc.
The so-called serious injury refers to physical disability or disfigurement, loss of hearing, vision or other organ functions, and other injuries that have great harm to personal health.
(3) Main elements
The subject of this crime is the general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Among them, a natural person who has reached the age of 14 weeks to 16 years shall bear criminal responsibility for intentional injury and serious injury or death.
(4) Subjective factors
Subjectively, this crime is intentional. That is, the actor knows that his behavior will cause harm to the health of others, and hopes or lets this happen. In general, the actor may not have a clear understanding and pursuit of the extent to which his injury behavior can cause harm to the victim in advance. No matter how much the result is, it is within subjective intention. Therefore, it is generally possible to determine whether it is intentional minor injury or intentional serious injury according to the actual injury results. The crime of intentional minor injury still has the problem of attempted crime. However, if the intention of serious injury is obvious, such as an attempt to severely disfigure, and the behavior that has been carried out fails due to reasons other than will, even if no actual injury is caused, it should be convicted and sentenced for the crime of intentional serious injury (attempted).
In the case of intentional injury causing death, the actor subjectively has a mixed criminal form, that is, there are both intentional injury and negligence causing death, which is the main symbol to distinguish intentional injury from intentional homicide and intentional injury from negligence causing death.
Therefore, it is wrong for me to fight. I dare not fight again.
Now my mood is very complicated, and I always feel ashamed of the teaching of my parents and teachers. Recalling the continuous fighting that happened a few days ago, I regret it. As a student, fighting is really wrong. As students, we have the responsibility to unite and be friendly like students. Impulse can't solve anything, but it will be self-defeating, destroy the relationship between classmates and lose the trust of teachers. I feel guilty about what I did. Here, write this book as a sign of repentance.
A few days ago, when I came home, a classmate hit me with a car and scolded me, but I didn't restrain myself very well, so I hit him and passed. Later, for various objective reasons, I fought with him twice the next morning and after school. You can write it in detail, I don't know what happened. Although I didn't cause it, it was my fault to hit people first. No matter what happens, if you speak calmly and clearly, you can roll with the punches. One more thing is better than one less thing. As a student, we should learn to study and know how to be a strong person in life. When things happen, we should face them calmly. Fighting can temporarily relieve anger, but it can't solve things. Everyone not only lost face for themselves, but also wiped their faces for the class, teachers and parents. Students should have the responsibility to be students. I had a physical collision with the other person after he hit someone and swore. This kind of social habit without quality performance really shouldn't happen in school, which is beneath students' identity. I shouldn't care about such a person who is my identity. I feel ashamed and sorry for what I have done.
I sincerely repent. And take this as a warning. There will be no more fighting. Ask teachers and classmates to supervise. To be honest, if he provoked me first, I don't think you need to apologize to him. I agree with you, this kind of person just needs to fight. )
When I was in the third grade, I wrote a checkup almost every day. When I was in fifth grade, I wrote a check of 1000. But that was the last time. Investigation is to write yourself not as a person.
Cut the crap, what are you talking about? ...